2013 QCCQ 18996, 2013 QCCQ 18996
Opinion
Protection de la jeunesse — 137667 2013 QCCQ 18996 JA0510 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT OF [...] TOWN OF […] «Youth Division» N° : 505-41-007192-125 DATE : May 6, 2013 BY THE HONOURABLE : MIREILLE ALLAIRE In the matter of the child: X Born on […], 1998 [SOCIAL WORKER 1] , in capacity authorized person by the Youth Protection Director Declarant and A, B, Parent of the child and LA COMMISSION DES DROITS DE LA PERSONNE ET DES DROITS DE LA JEUNESSE, JUDGMENT
Section 38 of the Youth Protection Act [ 1 ] The Court is ask to make a determination on a declaration of protection according to
section 38 of the Youth Protection Act; [ 2 ] In support of demand, the declarant alleges that the security and development of the child are compromise for the following reasons: "
a) The adolescent shows behavioural issues since her childhood;
b) In April 2012, the adolescent disclosed that she have been sexually abused by her paternal grandfather when she was between 4 and 11 years old;
c) The adolescent have been hospitalised at Hospital A on three (3) occasions:
i) from April to mid-May 2012; ii) from June to the end of July 2012; iii) from mid-September 2012 up to his day;
d) Since June 2012, the adolescent has attempted to commit suicide on two occasions, resulting in hospitalisations where she needed important medical assistance;
e) The adolescent demonstrates serious behavioural disturbances as:
i) anorexia and bulimia (eating binges, vomiting, taking up to 20 laxatives a day); ii) auditory, visual and sensory hallucinations; iii) suicidal ideations and suicidal attempts; iv) mutilation;
f) The doctors stated that the current diagnosis of the adolescent is the following;
i) Eating Disorder Not Otherwise Specified; ii) Psychotic Disorder Not Otherwise Specified; iii) Post Traumatic Syndrome Disorder; iv) Parent-child relational problem;
g) The doctors stated that the evaluation of the adolescent's mental health is highly complex: they asked for a third opinion on psychotic symptoms and medication to control them and there is still some hypothesis of diagnosis to investigate;
h) The adolescent is abnormally intelligent (even more than superior intelligence) and she presents remarkable artistic skills;
i) The parents show great parental competencies but offer a poor collaboration with the medical professionals;
j) The doctors recommend that the adolescent be placed in a supervised setting considering that the risk of suicidal attempt remain high and the parent's inability to provide adequate structure at home or ensure consistent psychiatric follow-up for her; [ 3 ] The child, by her attorney, admits most of the allegations of the declaration and agrees to the conclusions. [ 4 ] The parents admit all the allegations of the declaration and agree to the conclusions. [ 5 ] By consentent of the parties, the following reports are filed: D-3 Assesment Report written by [Social Worker 1] dated on November 5, 2012 D-4 Assesment Report written by [Social Worker 1] dated on August 21 st , 2012 D-5 Orientation Report written by [Social Worker 1] dated on December 17, 2012 D-6 Psychiatric Evaluation written by Dr.
Jean-Marc Guile dated on November 10, 2012 D-7 Report concerning the situation dated on November 12, 2012 [ 6 ] Considering that the youth manifests compulsive behaviour (e.g. eating disorder mutilation); [ 7 ] Considering that the youth manifests mental health problems (e.g. hallucinations); [ 8 ] Considering that the youth isolates herself; [ 9 ] Considering that the youth has little recognition of the danger she exposes herself to; [ 10 ] Considering that the risk of suicide attempt is high; [ 11 ] Considering that X's behaviour requires a high level of monitoring; [ 12 ] Considering that the parents have to attend to four other children; [ 13 ] ENTRUSTS the child to her parents; [ 14 ] ORDERS that a person working for an institution or body provide aid, counsel and assistance to the child and the family; [ 15 ] ORDERS that the child and the parents take an active
part in the application of the measures to correct the situation and more particularly that they engage themselves in the intervention plan of the Director; [ 16 ] ORDERS that the parents report in person at regular intervals to the Director of Youth Protection to inform her of the current situation; [ 17 ] ORDERS that the child receive certain health care and health services required by her situation, namely a follow-up at Hospital A and taking the medication as prescribed; [ 18 ] ENTRUSTS the situation of the child to the Director of Youth Protection of Le Centre jeunesse A for the execution of the judgment to intervene herein; [ 19 ] THE WHOLE until February 21 st , 2014; [ 20 ] THE WHOLE without costs.
__________________________________ MIREILLE ALLAIRE, J.C.Q. Me Marie-Pierre Blouin Attorney for the child Me Karine Nantais Attorney for the declarant
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